Extreme Reach

EXTREME REACH PLATFORM TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS ("Terms").

Welcome to the Extreme Reach Platform. The Extreme Reach Platform is an online application of Extreme Reach, Inc. and its subsidiaries (collectively "Extreme Reach"). Herein, “Member” means any individual who has registered and/or participates in the Extreme Reach Platform. “Client” means a customer, advertiser or other client employing or contracting with Extreme Reach for any of its services.

If you wish to become a Member of the Extreme Reach Platform and use the Platform, read these Terms, and indicate your acceptance in the Registration Page.

You are only authorized to use the Extreme Reach Platform (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms. Please read these Terms carefully and save them for your future reference. If you do not agree, you must immediately discontinue use of the Extreme Reach Platform. Extreme Reach  may update these Terms from time to time with or without notice to you. Please check these Terms periodically for changes. By using the Extreme Reach Platform after changes have been made to these Terms, you agree to the changes.  These Terms apply only to your use of the Extreme Reach Platform web application and do not modify any agreement between Client and Extreme Reach regarding the underlying services.

1. Use and Termination.
You may not submit to the Extreme Reach Platform any material or links to any material containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, defamatory or otherwise objectionable subject matter. Extreme Reach assumes no responsibility or liability for any such material. Extreme Reach reserves the right, in its sole discretion, to reject, refuse to use or remove any materials that do not abide by these Terms (including private messages), or to restrict, suspend, or terminate your access to all or any part of the Extreme Reach Platform at any time, for any or no reason, with or without prior notice, and without liability.

Extreme Reach may suspend or terminate use of the Platform at any time if it has a good faith belief that there is any violation of these Terms and/or inappropriate use of the Platform.

When using the Platform, you may not (or allow anyone else to):

2. Membership Contract and Limitations.
You must be 18 years of age or older to be a Member of the Extreme Reach Platform. By registering or accepting these Terms, you represent and warrant that you are 18 years of age or older, that you have the right, authority and capacity to agree to and abide by these Terms, and that you will use the services in a manner consistent with any and all applicable laws and regulations.

3. Extreme Reach Platform Intellectual Property.

The Extreme Reach Platform and all text, graphics, images, logos, icons, software, and other Extreme Reach content (collectively known as “Extreme Reach Platform Intellectual Property”) and the organization of this Intellectual Property are protected under both U.S. and foreign copyright, trademark and other laws.  Extreme Reach exclusively owns all right, title, and interest in and to the Extreme Reach Intellectual Property, including any modifications and derivative works thereof and all intellectual property rights associated with the Extreme Reach Intellectual Property. Unauthorized use of Extreme Reach Platform Intellectual Property may violate copyright, trademark, patent, trade secret, and other laws. You may not sell or modify Extreme Reach Platform Intellectual Property or divulge, reproduce, display, publicly state, distribute or otherwise use Extreme Reach Platform Intellectual Property in any way for any public or other commercial purpose. The use of Extreme Reach Platform Intellectual Property on any other web site for any purpose is prohibited.
You receive no implied licenses to any of the Extreme Reach Intellectual Property and no rights whatsoever therein, except a non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the Extreme Reach Platform, subject to these Terms.  
You shall not copy, reverse engineer or adapt the code that Extreme Reach creates to generate any Extreme Reach Platform Intellectual Property or the pages making up its site, which is code also protected by Extreme Reach Platform’s copyright. Except as expressly provided, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, modify, remove or create derivative materials of any information from the Extreme Reach Platform in whole or in part without the prior written permission of Extreme Reach.

4. Member Submission & Usage.
a. By submitting anything to the Extreme Reach Platform, you represent and warrant that such submission is your own original work and/or that you own or have the necessary licenses, rights, consents, and permissions to use, and authorize Extreme Reach to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submission in the manner contemplated by the applicable Extreme Reach websites and these Terms of Use;
b. By downloading or making use of any content on the Extreme Reach Platform, you represent and warrant that you have all rights and authorization required to possess and use such content.
c. You agree to indemnify Extreme Reach against all legal fees, damages and other expenses that may be incurred by Extreme Reach as a result of (1) your breach of the above warranty, or (2) any third-party claim based on the content of any submission.

5. Right to be Removed from Services.
Extreme Reach reserves the right, in its sole discretion, to determine who shall be allowed to use Extreme Reach Platform. Further, Extreme Reach may, at its discretion, remove a Member from the use of services at any time for any reason.

6. Nielsen Opt-Out.  
Advertisements within the Extreme Reach Platform are encoded with one or more of the following based on Customer orders and preferences: Closed Captioning, BVS Watermark, Nielsen Watermark, V-Chip and Teletrax. Nielsen encoding allows Nielsen to access certain related metadata which they may use to inform their services and provide metadata and services to Extreme Reach and third parties.. In order to opt-out of Nielsen encoding, Client must click the “Opt-out of automated Nielsen watermarking” checkbox on the Advertiser page within the Platform. If you click the “Opt-out of automated Nielsen watermarking” check box, watermarking is not applied: Nielsen will have no access to that metadata and Extreme Reach will be unable to provide related Nielsen metadata for applicable Client materials.

7. Payment for Services.
If you are a media destination (e.g. TV local broadcaster, TV Platform broadcaster, TV local cable, TV national cable, radio station, web publisher or mobile publisher) and use the Extreme Reach system to receive media, there is no charge for the services. If you use the Extreme Reach system to send media, you will be billed for services and transactions made in the Extreme Reach system. By accepting any of our services, you agree to keep us updated as to your billing information. Furthermore, you understand that accounts that have become delinquent (more than 14 days past due) are subject to deactivation without further notice being given to you.

8. Nature of Platform Service.
Nothing in these Terms shall be construed to create, evidence or imply any agency, employment, partnership, or joint venture between the parties. Neither party shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Terms are not intended to benefit, nor shall they be deemed to give rise to any rights in, any third party. You may not assign or transfer your Member profile, or sublicense, assign or delegate any right or duty under these Terms without Extreme Reach’s prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. 

9. Privacy.
As a registered Member, we may collect information you submit such as name, mailing address and email address to authenticate account use and to send notifications regarding use of  the Extreme Reach Platform. When you register for an account with us, you may from time to time have an opportunity to receive information about special promotions, incentives, and other programs from Extreme Reach or our clients. We will not trade or sell any information on our users with third parties.

10. Disclaimers of Warranties.
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW:
(a) Services and content on this site are provided on an “as is” and “as available” basis. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and against infringement.
(b) We make no warranty that: (i) the functions of and services provided in this site will be uninterrupted, secure or error- free; (ii) defects will be corrected; or (iii) this site or the server that makes the services available is free of viruses or other harmful components.
(c) We make no warranty regarding the accuracy, veracity, integrity or quality of the content, sites or resources made available on or from this site, including, but not limited to, any warranty that such content, sites or resources will be free of material that is offensive, indecent or objectionable.
(d) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

11. Limitation of Liability.
In no event will Extreme Reach be liable for any indirect, consequential, incidental, special or exemplary damages for any use of this site, or use of any other linked site, even if we are advised of the possibility of such damages. Your sole remedy is to discontinue use of the site.

12. Indemnity.
You agree to indemnify and hold Extreme Reach, Inc. and its affiliates, officers, directors, employees, agents, third party service providers and third parties authorized by Extreme Reach or other partners, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of: your use of the Platform; content you submit, post, transmit or otherwise make available through the Platform; your violation of these Terms; or your violation of any rights of another. You agree to be solely responsible for defending any claim against or suffered by Extreme Reach, subject to Extreme Reach’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against Extreme Reach provided that you will not agree to any settlement that imposes any obligation or liability on Extreme Reach without Extreme Reach’s prior express written consent.

13. General Information.
These Terms constitute the entire agreement between you and us with respect to your use of the Extreme Reach Platform.  Extreme Reach reserves the right to update these Terms at any time.  Your continued use of the Platform following any update constitutes your agreement to abide by the updated Terms.  These Terms will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth for any dispute arising under or relating to the subject matter of these Terms. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, while the remaining provisions of these Terms will remain in full force and effect. To the extent these Terms conflict with any executed Agreement between you and Extreme Reach, the terms of the executed Agreement shall prevail.